Education Policy, Business and Technology

Legal Challenge to 'Unlawful Presence' Policy

Inside Higher Ed: Four colleges have filed suit in federal court to contest a new policy that makes it easier for international students and exchange scholars on F, J and M visas to accrue “unlawful presence” in the U.S. Accruing more than 180 days of unlawful presence in a single stay can subject students or scholars to three- or 10-year prohibitions on re-entering the country.

Two of the four colleges that have filed suit -- Haverford College and the New School -- claim in the complaint that the new policy has changed how they advise international students, and that they are now more likely to refer students to outside immigration lawyers. Haverford and the New School also report that there are cases of individual students who have left their institutions as a result of this new policy who wouldn't have left otherwise.

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